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JOURNAL OF THE SENATE. 35
interest. fortune and in energy, has a family young and
The last legislature passed a law reducing the strong. These would lend a willing hand toim-
legal rate of interest from ten to six per cent, prove their home. They would build fences,
This law is doing as much for the welfare and erect houses, plant trees, dig wells, make gardens
prosperity of the country as any that could have and all other useful and necessary improvements,
been enacted. There seems to be one united ex- They would give value to the poorest place, and
pression in its favor all over the State with the make it a comfortable and happy home. The
•exception, perhaps, of a small portion of the mo- wife and children of the greatest sot, would
aey lenders themselves, but even the whole of soon make a comfortable home, if assured that
them do not complain. It is much to be regret- their labor would not be sacrificed to pay for the
ted, however, that a few of the latter class are dissipation of the husband and father. Tho law-
engaged in evading and setting the law at defi- of tho last session is the first step towards the ac-
ance, by still demanding and receiving ten per complishment of this good and humane object,
cent, interest upon loaned money. As good and That allows "each head of a family" "to select
moral men they do not look upon such an evasion and hold exempt from execution," land "not cx-
of thelaw of the land in its proper light. If the cocding in value'' ''one hundred and fifty dol.
poor wretch whose children are starving, takes lars." Although this is the best beginning, yet
bread to which he is not legally entitled, the there is a defect in the law, which may prevent it
country deals with him in theharshest manner, from doing the greatest go.-d. The home should
If this be the manner of treating the poor for ta- bo reserved to the poor and tho broken down
king what the law forbids, the rich, whose cof- man to encourage him and his wife and children
ers are full of money, and whose children have to work; to improve, to rear houses and to plant
never wanted bread or suffered with cold, should gardens and orchards. Now if the land be worth
not go unrebuked for taking what the law does one hundred and fifty dollars when reserved from
not entitle them to. If we are to look for ex- sale, after the improvements have been made,
amples of good morals and obedience to law in and the orchards have grown up, it will be worth
any class of citizens, we have a right to expect three hundred dollars, and this increase of value
them from that class whose necessities have nev- will subject a portion of the land to sale again,
er driven them from the paths of honor and rec- Then, under this law, to keep tho whole of his
titude—from that class who err, when they do land this man mifst refuse to improve it, and must.
wander from the paths of virtue, not from penu- cut down his orchards to prevent them from grow-
ry or want, but from a natural propensity to vice, ing and increasing the value of his home. This
It is believed by some that no good man can wil- should not be the policy of tho law, is surely not
lingly disobey the laws of his country, knowing the interest of the country or of creditors, nor
what they are, whether good or bad; and surely, is it in accordance with tho principles of humani-
every good law should have the warm support ty. This law should be so amended, that no part
of every good citizen. of a piece of land once reserved from sale under
homesteads. execution, should afterwards bo exposed to sale in
Of a piece with these laws, is that exempting consequence of an increase of value. This is
from sale under execution, the homestead of the deemed a most important law,, but the amend-
poor man. From my earliest recollections wis- ment suggested would bo one of its bet features,
dom and humanity have seemed to inc. to unite audits adoption is, therefore, recommenrlco.
in recommending such a law in the code of eve- evidence.
ry nation. It is apparently a small matter but It has often occurred to me that much trouble
a most important rno to the large mass.— and expense might be saved in many 6uits by a
The father and husband may bo a sot and a very simple amendment to the law of evidence,
.spendthrift; or he may have lost all font fires, That amendment is to allow either party, in all
shipwreck or other visitations of providence; or civil suits, to call upon the other to testify, and
he may have been unfortunate in trade, and in incase of refusal to let the other testify, as is
every case broken down with ago, distress or dis- now done injustices' courts. Such an amend-
•msc; or he may have sacrificed all by too genor- ment would not only save the expense of wit-
ously indorsing for frbnds and he may still he in nessesin many suits, but would also advance the
debt. To labor in such a case, under our laws, ends of justice by allowing parties to testify in
is nearly a hopeless task. If a man makes, at any cases where the facts are known only to them-
limc, more than the law exempts from sale under selves. If it be good policy to continue this rule
execution, it is liable to be siczeel, and sacrificed— of evidence in justices' courts, it would seem to
sold for half—a fourth or a tenth of its value, and be equally good to extend it to the circuit crurts.
this would be no benefit to thocreditor, and there- The rule which is good in the courts for one
fore, every man would refuse to make such a sur- class ought to be equally good in the courts for
pluH, and thus his labor would be lost to himself, another class, and where it happens to apply in
his family and his country. But if the man had both courts to the same class, it ought to be.
a home that was his own, he could work upon equally good. It has been said that such a rule
that—his location would be fixed—his creditor would offer temptations to commit perjury; but
would know where to find him—and the payment if this be a good objection to the rule as applied
of his debt would be rendered more certain. to the circuit courts, it ought to be equally
The interest of the country is more advanced good in the justices' courts; because the poor,
by such a law than even that of creditors. Al- who deal in small sums, and who are mostly the
most every man, however badly broken clown in subjects of the justices' courts, are perhaps as

Preferred citation: Journal of the [House or Senate], [Number] General Assembly, [Regular, Special] Session, Year range [1999-2000], page [number], General Assembly, Record Group 550, Missouri State Archives, Jefferson City.

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Due to a printing error, portions of the Appendix were inserted into the body of the Journal. This has been left in place. Original pagination has been retained. Indices located at the back of each journal retain their own page number. Pagination may vary from volume to volume. Blank pages have not been digitized. Images are the best available.

JOURNAL OF THE SENATE. 35
interest. fortune and in energy, has a family young and
The last legislature passed a law reducing the strong. These would lend a willing hand toim-
legal rate of interest from ten to six per cent, prove their home. They would build fences,
This law is doing as much for the welfare and erect houses, plant trees, dig wells, make gardens
prosperity of the country as any that could have and all other useful and necessary improvements,
been enacted. There seems to be one united ex- They would give value to the poorest place, and
pression in its favor all over the State with the make it a comfortable and happy home. The
•exception, perhaps, of a small portion of the mo- wife and children of the greatest sot, would
aey lenders themselves, but even the whole of soon make a comfortable home, if assured that
them do not complain. It is much to be regret- their labor would not be sacrificed to pay for the
ted, however, that a few of the latter class are dissipation of the husband and father. Tho law-
engaged in evading and setting the law at defi- of tho last session is the first step towards the ac-
ance, by still demanding and receiving ten per complishment of this good and humane object,
cent, interest upon loaned money. As good and That allows "each head of a family" "to select
moral men they do not look upon such an evasion and hold exempt from execution," land "not cx-
of thelaw of the land in its proper light. If the cocding in value'' ''one hundred and fifty dol.
poor wretch whose children are starving, takes lars." Although this is the best beginning, yet
bread to which he is not legally entitled, the there is a defect in the law, which may prevent it
country deals with him in theharshest manner, from doing the greatest go.-d. The home should
If this be the manner of treating the poor for ta- bo reserved to the poor and tho broken down
king what the law forbids, the rich, whose cof- man to encourage him and his wife and children
ers are full of money, and whose children have to work; to improve, to rear houses and to plant
never wanted bread or suffered with cold, should gardens and orchards. Now if the land be worth
not go unrebuked for taking what the law does one hundred and fifty dollars when reserved from
not entitle them to. If we are to look for ex- sale, after the improvements have been made,
amples of good morals and obedience to law in and the orchards have grown up, it will be worth
any class of citizens, we have a right to expect three hundred dollars, and this increase of value
them from that class whose necessities have nev- will subject a portion of the land to sale again,
er driven them from the paths of honor and rec- Then, under this law, to keep tho whole of his
titude—from that class who err, when they do land this man mifst refuse to improve it, and must.
wander from the paths of virtue, not from penu- cut down his orchards to prevent them from grow-
ry or want, but from a natural propensity to vice, ing and increasing the value of his home. This
It is believed by some that no good man can wil- should not be the policy of tho law, is surely not
lingly disobey the laws of his country, knowing the interest of the country or of creditors, nor
what they are, whether good or bad; and surely, is it in accordance with tho principles of humani-
every good law should have the warm support ty. This law should be so amended, that no part
of every good citizen. of a piece of land once reserved from sale under
homesteads. execution, should afterwards bo exposed to sale in
Of a piece with these laws, is that exempting consequence of an increase of value. This is
from sale under execution, the homestead of the deemed a most important law,, but the amend-
poor man. From my earliest recollections wis- ment suggested would bo one of its bet features,
dom and humanity have seemed to inc. to unite audits adoption is, therefore, recommenrlco.
in recommending such a law in the code of eve- evidence.
ry nation. It is apparently a small matter but It has often occurred to me that much trouble
a most important rno to the large mass.— and expense might be saved in many 6uits by a
The father and husband may bo a sot and a very simple amendment to the law of evidence,
.spendthrift; or he may have lost all font fires, That amendment is to allow either party, in all
shipwreck or other visitations of providence; or civil suits, to call upon the other to testify, and
he may have been unfortunate in trade, and in incase of refusal to let the other testify, as is
every case broken down with ago, distress or dis- now done injustices' courts. Such an amend-
•msc; or he may have sacrificed all by too genor- ment would not only save the expense of wit-
ously indorsing for frbnds and he may still he in nessesin many suits, but would also advance the
debt. To labor in such a case, under our laws, ends of justice by allowing parties to testify in
is nearly a hopeless task. If a man makes, at any cases where the facts are known only to them-
limc, more than the law exempts from sale under selves. If it be good policy to continue this rule
execution, it is liable to be siczeel, and sacrificed— of evidence in justices' courts, it would seem to
sold for half—a fourth or a tenth of its value, and be equally good to extend it to the circuit crurts.
this would be no benefit to thocreditor, and there- The rule which is good in the courts for one
fore, every man would refuse to make such a sur- class ought to be equally good in the courts for
pluH, and thus his labor would be lost to himself, another class, and where it happens to apply in
his family and his country. But if the man had both courts to the same class, it ought to be.
a home that was his own, he could work upon equally good. It has been said that such a rule
that—his location would be fixed—his creditor would offer temptations to commit perjury; but
would know where to find him—and the payment if this be a good objection to the rule as applied
of his debt would be rendered more certain. to the circuit courts, it ought to be equally
The interest of the country is more advanced good in the justices' courts; because the poor,
by such a law than even that of creditors. Al- who deal in small sums, and who are mostly the
most every man, however badly broken clown in subjects of the justices' courts, are perhaps as